Formation | 1961 |
---|---|
Type | Association |
Legal status | Nonprofit |
Headquarters | Alexandria, Virginia |
Website | www |
The National Association of Convenience Stores (NACS) is a trade association representing the convenience and fuel retailing industry. Founded in 1961, NACS has thousands of member companies, primarily in the United States but also in about 50 other countries. NACS conducts market research, hosts conferences and trade shows, and conducts political and legal advocacy. NACS is particularly concerned with the regulation of motor fuels, high credit card swipe fees, and labor law.
NACS serves the convenience store and fuel-retailing industry through market research, conferences and trade shows, political advocacy, and legal action. [1] NACS was founded on August 14, 1961. [1] [2] [3] In 2007, the association shortened its name to NACS and added a qualifying statement that better defines its presence both internationally and at the retail fueling level: "The Association for Convenience and Petroleum Retailing." In 2010, this statement was further revised to: "The Association for Convenience and Fuel Retailing." [1]
NACS is an international trade association representing more than 2,100 retail and 1,500 supplier company members. NACS members do business in nearly 50 countries worldwide, with the majority of members from the United States. [1] While 49 of the top 50 convenience store chains in the United States are members of NACS, the majority of its members are small, independent operations. About 70 percent of its total membership consists of companies that operate ten stores or less; This is typical for the convenience store industry. Of the 145,000 convenience stores in the United States, 62 percent are operated by owners with only a single location. [1]
2011 in-store sales grew 2.4%, reaching a record $195.0 billion. Combined with $486.9 billion in motor fuels sales, total convenience store sales in201 2011 were $681.9 billion, or one out of every 22 dollars of the overall $15.04 trillion U.S. gross domestic product. [4] [5]
The U.S. convenience store industry, with more than 146,000 stores, posted $575.6 billion in total sales with $385.3 billion in motor fuels in 2010. [1]
In order to address what it calls "a number of legal challenges" to selling new types of fuel, NACS strongly supports the Domestic Fuels Protection Act of 2013. The Act is designed to offer retailers more flexibility and legal protection so that they can offer their customers more choices. [1]
About 8 million businesses have received notices about the proposed settlement and they have until May 28, 2013, to opt out or object. If a retailer does not meet this deadline the court will assume that they agree to the settlement. NACS launched a website to help retailers express their opposition to the proposed settlement or opt-out in an easy manner. Objections from class members will be considered during a court hearing in September 2013. All retailers that accepted Visa or MasterCard-branded credit cards between January 1, 2004, and November 27, 2012, are eligible class members. [3]
NACS, along with other trade groups such as the National Retail Federation and the National Restaurant Association, brought suit against the Federal Reserve for seeing the cap on debit card swipe fees at 24 cents per transaction. Debit card swipe fees were previously unregulated and averaged about 44 cents per transaction. Initially, the Federal Reserve planned to impose a 12-cent limit. NACS said that the Federal Reserve gave into pressure from banking lobbyists when it decided to double the cap. The plaintiffs argued that the 24-cent cap is an "unreasonable interpretation" of the 2010 law, often called the Durbin Amendment, mandating a cap on debit card swipe fees. [6]
The Durbin Amendment, passed as part of the Dodd-Frank financial reform legislation in 2010, required the Federal Reserve to limit fees charged to retailers for debit card processing. The rule that the Federal Reserve issued went into effect on October 1, 2012, and allowed non-exempt card issuers to charge a one-cent fraud prevention fee to merchants in addition to another 0.7 percent for fraud prevention already included in the interchange fee. NACS and other plaintiffs argued that this rule was unfair as the Durbin Amendment required the Federal Reserve to ensure that banks take effective steps against fraud and determine how much of the cost banks should bear themselves. The MPC said that banks should actually have to reduce fraud before receiving more funds. The plaintiffs pointed out that the common practice of having customers merely signing for debit card purchases processed through the Visa and MasterCard payment networks instead of requiring a PIN greatly increases fraud.
In July 2013, U.S. District Court Judge Richard Leon ruled in favor of the plaintiffs. He ruled that the Federal Reserve did not have the authority to set the limit in the manner it in 2011 by improperly including factoring banks expenses into the rule in a way the law did not allow, resulting in the cap being set too high. The Federal Reserve was ordered to write a new rule. In the meantime, the 24-cent cap remains in effect. The judge's opinion was generally scathing and noted that the agency overruled its own staff, who had recommended a cap of 12 cents per transaction. The judge wrote, "The court concludes that the [Federal Reserve] Board has clearly disregarded Congress' statutory intent by inappropriately inflating all debit-card transaction fees by billions of dollars." The judge also ruled that the Federal Reserve failed to ensure that merchants enjoy access to "multiple unaffiliated networks" to process each debit-card transaction, as also required by the Durbin Amendment. [6] [7]
The convenience store industry employs 1.73 million workers in the United States. Labor costs are the industry's largest expense. NACS works with legislators and regulators on labor issues to ensure that retailers can keep labor costs at reasonable levels. [1]
Each February 2, in anticipation of the seasonal transition to summer-blend fuels, NACS publishes its online gas price kit, which examines consumer perceptions about gas prices, the conditions that affect gas prices, and dozens of resources and data that explain the gasoline retail marketplace. [1] NACS produces a variety of products to help retailers grow their businesses, from research and marketing to human resources support to category management. NACS has several industry-specific reports and programs that measure the industry’s performance. The NACS State of the Industry Report is the industry’s premier benchmark and is the most comprehensive collection of firm-level, store-level, and category data on convenience stores. CSX is the largest purpose-built online database of financial and operating data in the industry. The Consumer Tracking Program is a store-level shopper entry and exit research and insight program. [1]
The NACS Show, Typically held in October, is the industry’s signature event. In addition to NACS, the event features strategic alliances with the Petroleum Marketers Association of America (PMAA) and Petroleum Equipment Institute (PEI). Typically drawing more than 22,000 attendees and 1,200 exhibitors which cover nearly 400,000 net square feet, it rotates between three cities: Las Vegas, Chicago and Atlanta. The event also features over 60 workshops and three general sessions. Due to the international nature of attendees, selects NACS Show events are translated into foreign languages such as Portuguese, Spanish, and Chinese. The NACS Show is considered a "buying show" as it typically ranks first in the country among all shows with respect to attendees' ability to recommend or make purchases, based on data collected by Exhibitor Surveys Inc. [2] [8]
A debit card, also known as a check card or bank card, is a payment card that can be used in place of cash to make purchases. The card usually consists of the bank's name, a card number, the cardholder's name, and an expiration date, on either the front or the back. Many new cards now have a chip on them, which allows people to use their card by touch (contactless), or by inserting the card and keying in a PIN as with swiping the magnetic stripe. Debit cards are similar to a credit card, but the money for the purchase must be in the cardholder's bank account at the time of the purchase and is immediately transferred directly from that account to the merchant's account to pay for the purchase.
A convenience store, convenience shop, bodega, corner store, corner shop, or superette is a small retail store that stocks a range of everyday items such as tea, coffee, groceries, fruits, vegetables, snacks, confectionery, soft drinks, ice creams, tobacco products, lottery tickets, over-the-counter drugs, toiletries, newspapers and magazines.
Visa Inc. is an American multinational payment card services corporation headquartered in San Francisco, California. It facilitates electronic funds transfers throughout the world, most commonly through Visa-branded credit cards, debit cards and prepaid cards.
Mastercard Inc. is an American multinational payment card services corporation headquartered in Purchase, New York. It offers a range of payment transaction processing and other related-payment services. Throughout the world, its principal business is to process payments between the banks of merchants and the card-issuing banks or credit unions of the purchasers who use the Mastercard-brand debit, credit and prepaid cards to make purchases. Mastercard has been publicly traded since 2006.
Online shopping is a form of electronic commerce which allows consumers to directly buy goods or services from a seller over the Internet using a web browser or a mobile app. Consumers find a product of interest by visiting the website of the retailer directly or by searching among alternative vendors using a shopping search engine, which displays the same product's availability and pricing at different e-retailers. As of 2020, customers can shop online using a range of different computers and devices, including desktop computers, laptops, tablet computers and smartphones.
A merchant account is a type of bank account that allows businesses to accept payments in multiple ways, typically debit or credit cards. A merchant account is established under an agreement between an acceptor and a merchant acquiring bank for the settlement of payment card transactions. In some cases a payment processor, independent sales organization (ISO), or member service provider (MSP) is also a party to the merchant agreement. Whether a merchant enters into a merchant agreement directly with an acquiring bank or through an aggregator, the agreement contractually binds the merchant to obey the operating regulations established by the card associations. A high-risk merchant account is a business account or merchant account that allows the business to accept online payments though they are considered to be of high-risk nature by the banks and credit card processors. The industries that possess this account are adult industry, travel, Forex trading business, multilevel marketing business. "High-Risk" is the term that is used by the acquiring banks to signify industries or merchants that are involved with the higher financial risk.
Payment cards are part of a payment system issued by financial institutions, such as a bank, to a customer that enables its owner to access the funds in the customer's designated bank accounts, or through a credit account and make payments by electronic transfer with a payment terminal and access automated teller machines (ATMs). Such cards are known by a variety of names, including bank cards, ATM cards, client cards, key cards or cash cards.
Debit card cashback is a service offered to retail customers whereby an amount is added to the total purchase price of a transaction paid by debit card and the customer receives that amount in cash along with the purchase. For example, a customer purchasing $18.99 worth of goods at a supermarket might ask for twenty dollars cashback. The customer would approve a debit payment of $38.99 to the store, and the cashier would then give the customer $20 in cash.
Interchange fee is a term used in the payment card industry to describe a fee paid between banks for the acceptance of card-based transactions. Usually for sales/services transactions it is a fee that a merchant's bank pays a customer's bank.
The National Retail Federation (NRF) is the world's largest retail trade association. Its members include department stores, catalog, Internet, and independent retailers, restaurants, grocery stores, multi-level marketing companies and vendors.
The Green Dot Corporation is an American financial technology and bank holding company headquartered in Austin, Texas. It is the world's largest prepaid debit card company by market capitalization. Green Dot is also a payment platform company and is the technology platform used by Apple Cash, Uber, and Intuit. The company was founded in 1999 by Steve Streit as a prepaid debit card for teenagers to shop online. In 2001, the company pivoted to serving the "unbanked" and "underbanked" communities. In 2010, Green Dot Corporation went public with a valuation of $2 billion. Since its inception, Green Dot has acquired a number of companies in the mobile, financial, and tax industries including Loopt, AccountNow, AchieveCard, UniRush Financial Services, and Santa Barbara Tax Products Group.
Credit card fraud is an inclusive term for fraud committed using a payment card, such as a credit card or debit card. The purpose may be to obtain goods or services or to make payment to another account, which is controlled by a criminal. The Payment Card Industry Data Security Standard is the data security standard created to help financial institutions process card payments securely and reduce card fraud.
A credit card is a payment card, usually issued by a bank, allowing its users to purchase goods or services, or withdraw cash, on credit. Using the card thus accrues debt that has to be repaid later. Credit cards are one of the most widely used forms of payment across the world.
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Pay at the pump is a system used at many filling stations, where customers can pay for their fuel by inserting a credit card, debit card, or fuel card into a slot on the pump, bypassing the requirement to make the transaction with the station attendant or to walk away from one's vehicle. A few areas have gas stations that use electronic tolling transponders as a method of payment, such as Via Verde in Portugal.
Bank Transfer Day was a consumer activism initiative calling for a voluntary switch from commercial banks to not-for-profit credit unions by November 5, 2011. As of October 15, 2011, a Facebook page devoted to the effort had drawn more than 54,900 "likes". Debit card fees of $5 a month from the Bank of America are among steps leading to the Bank Transfer Day protest with a November 5 deadline. Occupy Wall Street participants support the effort even though the events are not related. Among the detractors were Occupy Los Angeles participants: Sigurd Olin Christian, creator of the Bank Transfer Day event, stated that "he was accosted by Occupy Los Angeles organizers and has even received threatening phone calls" because of his pro-credit union rather than anti-bank approach.
The payment card interchange fee and merchant discount antitrust litigation is a United States class-action lawsuit filed in 2005 by merchants and trade associations against Visa, Mastercard, and numerous financial institutions that issue payment cards. The suit was filed because of price fixing and other allegedly anti-competitive trade practices in the credit card industry. In February 2019, U.S. District Court Judge Margo K. Brodie approved a settlement in the case that amounted to $5.54 billion. After four more years of litigation, in March 2023, the Court of Appeals for the Second Circuit affirmed the District Court’s final approval order, with a modification reducing service awards, and allowing the claims process to move forward.
The Durbin amendment, implemented by Regulation II, is a provision of United States federal law, 15 U.S.C. § 1693o-2, that requires the Federal Reserve to limit fees charged to retailers for debit card processing. It was passed as part of the Dodd–Frank financial reform legislation in 2010, as a last-minute addition by Dick Durbin, a senator from Illinois, after whom the amendment is named.
The Energy Marketers of America (EMA) is a national association that represents the interests, at the federal level, of companies and organizations that are in the business of producing and marketing energy products. Technically, EMA is a federation of 47 state and regional associations who represent small marketers at the state level whereas the Energy Marketers of America focuses on national issues and particularly Federal laws and regulations that affect independent energy marketers. It advocates for the business interests of independent energy marketers and of its member associations before Congress, regulatory agencies and other Federal Government entities.
Corner Post, Inc. v. Board of Governors of the Federal Reserve System, 603 U.S. ___ (2024), is a United States Supreme Court case about the statute of limitations for judicial review of federal agency rulemaking under the Administrative Procedure Act. The legal question under review was whether a challenge to the validity of a rule must be brought within six years of the rule's issuance—or instead within six years of when the rule first injures the particular plaintiff challenging the rule. The Supreme Court held, by a 6–3 vote, that the statute of limitations does not start running until the particular plaintiff has been harmed by the agency action.